Andrew B. Flake

Partner
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363
404.873.7026 phone
404.873.7027fax

Representative Experience

  • Lead trial counsel in multiparty defense of complex direct and derivative claims arising from strategic cooperation and investment arrangements. Successfully resolved claims through summary judgment and led defense of remaining claims in jury trial.
  • International arbitration counsel for Chinese-owned business entities in complex international ownership, intellectual property and unfair competition dispute. Prepared for hearing under expedited scheduling procedure, and conducted week-long arbitration hearing under JAMS Arbitration Rules and Procedures, including preparation of direct and cross-examination of Chinese-language witnesses and principals.
  • International arbitration counsel for claimant in cross-border software services dispute. Obtained successful award in lengthy arbitration under UNCITRAL rules, following pre- and post-hearing submissions and direct and cross-examination of witnesses, including award of costs for client.
  • Successfully prosecuted defamation and tortious interference claims on behalf of software developer client in suit based on campaign of online business disparagement, using innovative argument under Digital Millenium Copyright Act to advance claims and ultimately obtain order directing removal of offending content.
  • Successfully defended and resolved series of complex healthcare billing claims for healthcare provider client, including coordinating multi-jurisdiction litigation and state-level RAC audits related to the underlying billing dispute.
  • Represented pharmacy health information provider in successfully defeating emergency TRO proceedings brought by competitor in federal court for alleged trade secret misappropriation, which result was followed by prompt dismissal of all claims in suit.
  • Lead trial counsel for research laboratory and clinical practice, successfully conducting multi-week jury trial of complex trade secrets and breach of contract action.
  • Lead counsel for claimant in successful arbitration of fiduciary claims against joint venturer.
  • Trial counsel for healthcare billing and software company in multi-million dollar unfair competition and trade secrets jury trial.
  • Lead plaintiff's counsel in competition dispute, successfully obtaining preliminary injunction against enforcement of non-compete and non-solicit covenants.
  • Trial counsel for national utility in successfully defending jury trial of multi-million dollar contract dispute. 
  • Counsel for regional telecommunications company in successfully litigating and resolving complex telecommunications billing practices dispute.
  • Appellate counsel in Eleventh Circuit Court of Appeals, conducting oral argument and obtaining affirmance of likelihood of success findings in trademark and false advertising dispute.
  • Lead defense counsel for European-based global manufacturer in defense and successful resolution of breach of contract, warranty, and product liability claims.
  • Lead plaintiff's counsel in entertainment and artist management dispute, prevailing on motion to dismiss and summary judgment and resulting in successful pre-trial resolution.
  • Trial counsel for national bank in successfully defending jury trial of real estate commission claim.
  • Counsel for multinational manufacturer in litigating and successfully resolving complex theft of technology and trade secrets litigation.
  • Counsel for national telecommunications carrier in conducting bench trial of, and successfully resolving, multi-million dollar billing and multi-state regulatory dispute.
  • Lead plaintiff's counsel for manufacturer in jury trial of contract dispute, successfully resolved after close of plaintiff's case.
  • Lead plaintiff's counsel in action by multi-state insurer to enjoin unfair competition by former employee and to enforce restrictive covenants.
  • Lead plaintiff's counsel in successful bench trial seeking damages for operational nuisance maintained by neighboring business.
  • Lead plaintiff's counsel in successfully resolved entertainment industry dispute involving defamatory social media, obtaining preliminary injunction to stop ongoing disparagement.
  • Counsel for Fortune 100 company in successfully enjoining solicitation of key employees by competitor and in resolution of related litigation with competitor.